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In ‘God Hates Fags’ Case, Free Speech Trumps Free Exercise

…his religion (as well as his privacy rights). The Phelps case relied on a free speech claim instead of freedom of religion, and they won. So as the Supreme Court sees the right to freely practice one’s religion as “constitutionally irrelevant,” religion has been reduced in popular rhetoric to the right of the dominant religion to be free of any challenges to its dominance: wishing someone “happy holidays” in thought to violate the religious freed…

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Capricology Week 5: Fathers, Funerals, and the Ethics of Gaming

…he is the only one with free will (though this may still be an illusion of free will, as the code for the game is likely to be quite deterministic). Since she is the only one in the game that suffers pain but no death, it will be interesting to see the evolution of her ethical code within the virtual world. The transformation of Tamara from a helpless lost soul to a gun-toting avenger sets up the stage for her probable showdown with Zoe—a continua…

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Hungarian Mayor Wants to Import White Christians, Ban Muslims & LGBT People; Global LGBT Recap

…bidden and punishable by life imprisonment under a section of the criminal code forbidding “offences against morality.” South Korea: Activists denounce LGBT-free education guidelines LGBT equality activists called on the Education Ministry to do away with new sex education guidelines that exclude LGBT topics. According to the Korea Herald, “The government remains reluctant to bring the LGBT topics to the fore in the education field, citing anti-LG…

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To Serve God and Wal-Mart: The Making of Christian Free Enterprise

…religious tenets and economic policies, both of which supported Christian free enterprise, traditional values and a gendered workforce. Writes Moreton: “They [Walton Scholars] perceived their own careers and free-market policies generally as a form of public service, on the pattern of the Christian business departments they attended. For its part, Wal-Mart and its suppliers reaped tangible rewards from this network of skilled graduates. In 2005,…

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Netflix Removing Antigay Film Isn’t “Free Speech,” it’s Free Market

…is the governmental kind. But that’s an entirely different animal. Ditto “free speech.” Constitutionally protected free speech concerns, once again, the government, not the right to express any view without consequence. And no one (and certainly no government entity) stopped del Toro from making his film, distributing it to theaters, and eventually licensing it to Netflix. Quite the opposite, in fact. Once audiences were able to see the film for…

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Pamela Geller in Brooklyn: Free Speech, Hate Speech, and the Futility of Arguing with a Bigot

…ing that earns her money. Because it’s the only talent she has. This isn’t free speech, it’s free-market. And to what end? If you link anti-Semitism to Islamophobia, or vice versa, you make it more likely each community will deny the other’s pain. Young Muslims who are expected to accept that anti-Semitism is real, at the cost of denying discrimination against them, are unlikely to. This is not only the biggest Jewish city in the world, but the bi…

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Trump Order A ‘Death Sentence’ For Some LGBT Refugees? Global LGBT Recap

…criminalization of same-sex relations was removed from country’s the Penal Code in 1951. However, decriminalization alone has not ensured complete freedom for members of Jordan’s LGBT community. Article Six of the Jordanian Constitution protects citizens from discrimination on the basis of race, language or religion, but these protections do not extend to people of variant sexual identity. This gray area is where discrimination still manages to pl…

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Church=State in Putin’s Orthodox Empire?; Evangelical-Orthodox Anti-Gay Alliance; Malaysian Court Protects Transwomen; Catholicism (Still) Declining in Latin America; Global LGBT Recap

…. But who is to decide what constitutes a “vice against nature”? The Portuguese legislators had been too coy to mention gay sex explicitly, and so a meaningless clause entered the statute books, which no court could act upon. This year, the Penal Code was rewritten. The new Penal Code sweeps away a great deal of the musty colonial legacy, including the mention of “vices against nature”. Now not even the most contorted of arguments could claim that…

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The Quietly Crumbling Wall of Separation

…th’s damage may actually leave some plaintiffs better able to defend their free-exercise rights than before. And other rulings on both free-exercise and non-establishment cases—such as in employment cases involving churches and cases involving government-sanctioned prayer—have maintained a distinctiveness for religion as a constitutional category. But other learned First Amendment scholars—such as Marci Hamilton of Yeshiva University’s Cardozo Law…

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